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Eugene Scalia

Eugene Scalia

Gibson Dunn & Crutcher LLP

Washington, DC, USA


Eugene Scalia is a partner in the Washington, D.C. office of Gibson Dunn.  He is Co-Chair of the Firm’s Administrative Law and Regulatory Practice Group and a member of its Labor and Employment Practice Group, which he co-chaired for twelve years.  He is also a member of the Firm’s Appellate and Constitutional Law Practice Group.

Mr. Scalia has a national labor and employment practice handling a broad range of matters involving the NLRA, ERISA, sexual harassment and the anti-discrimination laws, and the many statutes administered by the Department of Labor.  He previously served as Solicitor of the Department of Labor, the Department’s principal legal officer with responsibility for all Labor Department litigation, including ERISA, the Family and Medical Leave Act, the minimum wage and overtime provisions of the FLSA, and the Occupational Safety and Health Act.

In private practice, representative employment matters include:

  • EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc) – Sixth Circuit decision rejecting EEOC’s position regarding telecommuting as a reasonable accommodation.
  • Wynn v. Baldonado, 311 P.3d 1179 (Nev. 2013) – In Nevada Supreme Court, obtained reversal of lower court decision invalidating client’s “tip pooling” practice and authorizing a class action.
  • Hendricks v. UBS Fin. Servs., Inc., 2013 WL 5969888 (5th Cir. 2013) – Favorable Fifth Circuit decisions reversing district court orders that had denied arbitration and had certified ERISA class actions seeking $200 million.
  • NLRB v. The Boeing Company, Case 19-CA-32431 – Represented company in closely-watched case regarding new South Carolina facility.
  • Hohider v. UPS, 574 F.3d 169 (3d Cir. 2009) – Vacated the largest ADA class ever certified.
  • EEOC v. UPS, 306 F.3d 794 (9th Cir. 2002); 424 F.3d 1060 (9th Cir. 2005) – Trial and two successful appeals in nationwide EEOC challenge under the ADA to a company’s physical qualification requirements for drivers.
  • Representation of companies and audit committees in many Sarbanes-Oxley “whistleblower” matters, including internal investigations and proceedings before the Department of Labor, administrative law judges, and the federal courts.

Mr. Scalia is identified as a leading labor and employment lawyer in Chambers, The Legal 500, and other publications.  He was named the 2015 Washington, D.C. Litigation Labor and Employment Lawyer of the Year by The Best Lawyers in America®, and a 2015 Employment MVP by Law360.

Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review.  From 1992-93 he served as Special Assistant to U.S. Attorney General William P. Barr, receiving the Department’s Edmund J. Randolph Award.  He has been a Lecturer in labor and employment law at the University of Chicago Law School

Eugene Scalia is associated with the following items:
CHB Chapters  CHB Chapters Eugene Scalia and Alyssa Markenson, Ethical Considerations in Internal “Whistleblower” Investigations - Corporate Whistleblowing in 2017, Thursday, June 29, 2017
U.S. Department of Justice, Office of the Deputy Attorney General, Memorandum Re: Individual Accountability for Corporate Wrongdoing, from Sally Quillian Yates, Deputy Attorney General (September 9, 2015) - Corporate Whistleblowing in 2017, Thursday, June 29, 2017
Halliburton, Inc. v. Administrative Review Board, United States Department of Labor, No. 13-60323, 771 F.3d (5th Cir. 2014) - Corporate Whistleblowing in 2017, Thursday, June 29, 2017
Halliburton, Inc. v. Administrative Review Board, United States Department of Labor, 771 F.3d 254 (5th Cir. 2014) - Employment Law Institute 2017, Wednesday, October 18, 2017
U.S. Department of Justice, Office of the Deputy Attorney General, Memorandum Re: Individual Accountability for Corporate Wrongdoing, from Sally Quillian Yates, Deputy Attorney General (September 9, 2015) - Employment Law Institute 2017, Wednesday, October 18, 2017
Eugene Scalia and Alyssa Markenson, Ethical Considerations in Internal “Whistleblower” Investigations - Employment Law Institute 2017, Wednesday, October 18, 2017
Web Segment  Web Segment Internal and Regulatory Investigations of Whistleblower Reports: Ethical Considerations - Corporate Whistleblowing in 2017, Thursday, July 06, 2017
Sophisticated Issues Faced When Litigating Retaliation Claims - Employment Law Institute 2017, Monday, October 23, 2017
MP3 Audio  MP3 Audio Internal and Regulatory Investigations of Whistleblower Reports: Ethical Considerations - Internal and Regulatory Investigations of Whistleblower Reports: Ethical Considerations, Thursday, July 06, 2017
Sophisticated Issues Faced When Litigating Retaliation Claims - Sophisticated Issues Faced When Litigating Retaliation Claims , Monday, October 23, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Internal and Regulatory Investigations of Whistleblower Reports: Ethical Considerations - Internal and Regulatory Investigations of Whistleblower Reports: Ethical Considerations, Thursday, July 06, 2017
Sophisticated Issues Faced When Litigating Retaliation Claims - Sophisticated Issues Faced When Litigating Retaliation Claims , Monday, October 23, 2017
On-Demand Web Programs  On-Demand Web Programs Corporate Whistleblowing in 2017, Tuesday, July 11, 2017, New York, NY
Employment Law Institute 2017, Friday, October 27, 2017, New York, NY
Transcripts  Transcripts Sophisticated Issues Faced When Litigating Retaliation Claims - Sophisticated Issues Faced When Litigating Retaliation Claims , Monday, October 23, 2017
Treatise Chapters  Treatise Chapters ERISA Litigation - Securities Litigation: A Practitioner's Guide (2nd Edition), Tuesday, October 24, 2017
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